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Eminent Domain (https://lawyers.findlaw.com/lawyer/
Housing & Construction Defect
Attorneys
Eminent domain refers to the power of the government to take private land for public use under (https://lawyers.findlaw.com/lawyer/
certain circumstances. For example, the government may sometimes take someone's house to make construction-defects)
room for a new highway or a bridge. 
Land Use Laws
In these instances, the homeowners typically are entitled to compensation for their loss, and the
Easements
government must first follow several different procedures before it can take property. This section
(https://www.findlaw.com/realestate
provides information about the government's power of eminent domain, limitations on that power, use-laws/easements.html)
and your rights under the law. Eminent Domain
(https://www.findlaw.com/realestate
use-laws/eminent-domain.html)
Eminent Domain and Federal Law
Trespassing
(https://www.findlaw.com/realestate
The law of eminent domain originates in the "Takings Clause" of the Fifth Amendment to the United
use-laws/trespassing.html)
States Constitution. The U.S. Supreme Court helps decide major cases regarding eminent domain. Zoning
(https://www.findlaw.com/realestate
The framers of the Constitution were generally wealthy landowners who wanted certain guarantees use-laws/zoning.html)
against tyranny. However, they understood that sometimes land would have to be taken for the public
good. 

The Takings Clause states that "private property [should not] be taken for public use without just
compensation." This only applies to private property and must be used for the public good. 

Interstate highways, to use a common example, typically are considered public goods.

What Is 'Just' Compensation?

The Constitution requires that private landowners who lose their home or land due to the use
of eminent domain be paid "just" compensation. But what exactly does that mean? 

Generally, this is based on how much the landowner might expect to get in fair market value. The
value of the land could be determined by many factors, including its size and any resources it may
have. 
Sometimes, the federal or local government takes land for limited periods, which tends to make
valuation much more difficult. If the police can prove "by a preponderance of the evidence" that the
property was being used for criminal activity, then the government generally may seize the property
without compensation.

Eminent Domain and Condemnation Proceedings

The government follows a particular process when it takes private land for public use under eminent

domain law. It begins with its broader expansion or public improvement plan.

Once planners determine which private land may be affected by these plans, they work with their
own appraisers to come up with an appropriate valuation. If the private property owner accepts the
offer from the government, the transaction is fairly straightforward. But if the parties are unable to
agree on a price, the dispute will get resolved in condemnation proceedings.

If the matter goes into condemnation, the property owner (typically with the help of an attorney and
an appraiser) will offer their own property valuation. One option for property owners is to dispute the
forced sale by challenging the government's proposed use of the land, but these challenges typically
fail as long as the use is determined to be "proper" and for the public good. 

Another option is to suggest that the claim is too broad, which in some limited cases, may reduce the
scope of the purchase. But the value of the property is generally the main issue when eminent
domain cases go into condemnation proceedings.

What Is the Meaning of 'Public Use?'

Since invoking eminent domain requires that the taken property be used for public use, it's important
to understand what that means from a legal perspective. The term "public use" is not limited to the
actual, direct use by the public — as would be the case for parks or roads — but refers to any use that
generally gives a benefit to the public. 

For instance, a parcel of land with an abandoned factory may be obtained and cleared of all
structures through eminent domain. Even if the end result is an empty lot, and not everyone "uses"
the land, it could be argued that this benefits the community as a whole because of the aesthetic
improvement from its removal.

Eminent domain can get confusing at times. Click on a link below for more details or speak with
a real estate attorney if you have specific questions about your property rights.

Learn About Eminent Domain

How the Government Takes Property Challenging Eminent Domain

(https://www.findlaw.com/realestate/land- (https://www.findlaw.com/realestate/land-
use-laws/how-the-government-takes- use-laws/challenging-eminent-
property.html) domain.html)

Under eminent domain law, the federal
government has the right to obtain private
land for public purposes. Learn about how the
government takes private property, the
valuation methods used, and more.
If your property has become the subject of an
eminent domain action, you have the right to
notice and a fair hearing before the award is
made final. This section explains the notice
and hearing procedures involved.
 Eminent Domain: Public Use
Requirement
(https://www.findlaw.com/realestate/land-
use-laws/eminent-domain-public-use-
requirement.html)
Can the Government Seize My Property
Without Paying Me?
(https://www.findlaw.com/realestate/land-
use-laws/can-the-government-seize-my-
property-without-paying-me.html)

When a government takes private property While homeowners have highly protective
under eminent domain it must be for “public rights with respect to their property, there are
use.” This article explains the type of uses certain circumstances in which government
that qualify as public, common reasons for an can take a homeowner’s property without
eminent domain action, and more. payments, including forced sales and
seizures.
Eminent Domain: Property to Be Taken
(https://www.findlaw.com/realestate/land- The Taking of Property for Public Use
use-laws/eminent-domain-property-to- (https://www.findlaw.com/realestate/land-
be-taken.html) use-laws/the-taking-of-property-for-
public-use.html)
An overview of the types of property that are
typically the subject of eminent domain A look at the history and development of
actions, including property that is deemed at eminent domain law in the U.S. Learn about
risk, land that has been dedicated for a the extent of the government’s eminent
specific purpose, and more. domain power, the “Takings Clause” of the
Fifth Amendment, “just” compensation, and
more.

Eminent Domain Articles

Can the Government Seize My Property Without Paying Me?

(https://www.findlaw.com/realestate/land-use-laws/can-the-government-seize-my-property-
without-paying-me.html)

Challenging Eminent Domain (https://www.findlaw.com/realestate/land-use-laws/challenging-

eminent-domain.html)

Eminent Domain Cases and History (https://www.findlaw.com/realestate/land-use-laws/eminent-

domain-cases-and-history.html)

Eminent Domain Overview (https://www.findlaw.com/realestate/land-use-laws/eminent-domain-

overview.html)

Eminent Domain: Public Use Requirement (https://www.findlaw.com/realestate/land-use-

laws/eminent-domain-public-use-requirement.html)

How the Government Takes Property (https://www.findlaw.com/realestate/land-use-laws/how-

the-government-takes-property.html)

Reasons for Eminent Domain: Justification of Necessity

(https://www.findlaw.com/realestate/land-use-laws/eminent-domain-justification-or-necessity-
requirement.html)

The Taking of Property for Public Use (https://www.findlaw.com/realestate/land-use-laws/the-

taking-of-property-for-public-use.html)
 What Is Just Compensation in Eminent Domain Cases?
(https://www.findlaw.com/realestate/land-use-laws/what-is-just-compensation-in-eminent-
domain-cases.html)

What Property May be Taken Through Eminent Domain?

(https://www.findlaw.com/realestate/land-use-laws/eminent-domain-property-to-be-taken.html)

What is a 'Taking'? (https://www.findlaw.com/realestate/land-use-laws/what-is-a-taking.html)

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